ALGON to Makinde: obey court order on LG dissolution

Council chairmen in Oyo state have urged Governor Seyi Makinde to obey the stay-action order by the High Court on dissolution of local governments.

The chairman of Association of Local Government of Nigeria (ALGON) Prince Abass Aleshinloye stated this on Wednesday while reacting to the High Court judgement on the suit between ALGON and the State government.

ALGON had gone to court to challenge the dissolution of the elected Local government administration by the State government.

In a judgement on May 6, 2019, the Oyo State High Court affirmed the three-year tenure of the elected local government chairmen and councillors and nullified the Sections of the Local Government Laws which empowers the Governor and the House of Assembly to dissolve Local government administration.

Oyo State government has however appealed the judgement.

The ALGON chairman advised the State government to await the outcome of its appeal before taking any illegal action.

“We urge His Excellency to be patient for the outcome of his appeal at the Court of Appeal because to do otherwise, on the misconceived , misinterpreted purported stay of execution will amount to assault on our judiciary, which is also capable of rendering the said appeal pending at the Court of Appeal nugatory,” Aleshinloye said.

ALGON also urged the Court to restrain it (the government) from setting up an ad hoc Committee to probe the finances of the local government.

ALGON had described the action as running contrary to the extant judgment of the court, affirming the tenure of elected local government chairmen and councilors.

It described the action as breach of the constitution, ultra vires and an illegal act altogether.

Governor Seyi Makinde had set up a seven-man committee on July 1 to look into the Councils accounts from January 2018 to May 29, 2019.

The committee is chaired by retired Justice S.L. Popoola.

At the hearing of the suit on Monday, July 29, the Presiding Judge, Hon Justice A. F. Adeeyo granted leave to the plaintiffs (ALGON) for an order of judicial review to prohibit and quash the proceedings and decisions of the Justice Popoola- led Committee.

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The Court further directed that the order granting leave shall perate as a stay of further proceedings before the said committee until the determination of the suit now filed.

“By this order, the said committee is restrained from any further sitting pending the determination of the new suit,” the court ruled.

Commenting on the stay of execution on the committal proceedings against the Governor and the Chief of Staff, the ALGON chairman described it as a pyrrhic victory, which in no way affected the subsisting court order that affirmed the tenure of elected local government chairmen and councillors.

“Another stay of execution cannot be granted by the Oyo State High Court on its earlier judgement which is declaratory in nature.

“Those who are going about with the erroneous belief that the Court has nullified its earlier judgement should be warned as no Court of the same coordinate jurisdiction can vacate an earlier order by the same court.

“Any information contrary to this is to further perpetrate the illegality already commenced by this administration since his assumption of office,” he stated.

“We, therefore call the attention of the general public to the fact that the status quo remains, the judgement of the Oyo State High Court to the effect that the Governor and the Oyo State House of Assembly cannot dissolve the local government stands”.